Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1887-01-22
COKE ON INTERSTATE COMMERCE.
Extracts from His Speech in tho Senate on
tho Subject

and able speech in the senate last week
on the Interstate commerce bill. We are
sorry we have not space for the entire
argument, but we present its salient
points, and give our readers Mr.. Coke's
opinion on the subject Of railroad pool.
ing, which is the chief objection made to
the measure by the railroads.
Mr.. Coke said: Mr.. President, after If
teen years of agitation, during which the
public mind has been enlightened by the
most exhaustive and far-reachlng discus
sion, we have reached point where 6
conference committee of the two houses
of congress have agreed upon and re-
ported as q substitute for the two bills
submitted TO them bill regulating com.
merce "among the states'-inter-s state
commerce. The question before the sen,
ate Ia, shall the report of the committee
be adopted and the Dill passed? Is the
bill constitutional? Are it's provisions
Just to the people and to the railroad cor
poratiOns? Is there general public de-
mand for a law regulating interstate
commerce, and is such law necessary?
II these questions can be answered in the
Affirmative, as l believe they can, it is
unquestiOnably time tfat the conference
report should be adopted.
haye heard no constitutional objec-
ton seriously urged to the bill save and
except that in the argument of the sena-
tor from Alabama, Mr.. Morgan, which
he frankly acknowledged to be at war
with the decisions Of the supreme court
of the United States, which decisions, |
will add, commence with the great case
of Ogden VS.. Gibbons, in the time OF
Chief Justice Marshall, and run in an I'M
broken line down to this hour, all affirm
ing the sole and exclusive power to regu-
late Interstate commerce, whether CIR
ried by land or water, to be in congress.
The breadth and comprehensiveness of
the power may be seen from the follow
ing, which | read from Chief Justice Mar
shall's opinion in Gibbons vs. Ogden:
Commerce in it's amplest Specification
means an exchange of goods, but, in the
advancement of society, labor, tlarspor-
tation, intelligence, and various mediums
OF exchange become commodities and en-
ter into commerce. The subject, the
vehicle. the agent, ard their various OPP
erations become the objects of CONNER
cial regulation. Ship-building, the car
ryirg-trade, and propagation of seamen
are such vital agents OF commercial pros
perity that the nation which could not
legislate over these subjects would no
possess the power to regulate commerce !"
Every decision of the supreme court
since Ogden VS.. Gibbons has been in line
with the opinion in that great case, SO
that the dochiue announced in il is to-
day as firmly established and as unques-
toned as any other in the constitution or
administration OF our government. NJ
single case In the whole range Of our
jurisprudence can be found which
lmpugns it. 1t makes no dit
ference how the commerce is car
ried, whether on land or water, il ships
or boats, or in cars, the doctrine is held
to be equally applicable. The argument
of the senator from Alabama is an ar
raignnent of this whole course of de-
cision; and if he could convince the SEN
ate that no constitutional power exists in
congress to exact such legislation as is
provided for N the pending bill; that 1t
is an infringement of the rights of the
states, the supreme court OF the United
States, continuing as, Of course, it will,
to hold all state legislation which at
tempts to regulate Interstate commerce
absolutely null and void, the question
would be left, where it now is, in the
hands Of irresponsible and unrestrained
railroad corporations, with power to tax
the products Of industry of this country
at Will.
Thus are the rights OF English subjects
guarded and protected and is the iron
hand Of the law placed upon the power of
great corporations. English law does
alloy railroad combinations made, but
under its own eye, its own supervision,
it's own dictation, It's own regulation, and
its own control. This system grew from
a small beginning, and has been perfected
as time and experience has suggested. as
ours will be if we will only commence it
by the passage of this bill. The English
government represents the public and
stands between the people and corporate
Tapacity, as the American people have
heretofore demanded, and do now
demand, that our government shall do,
instead of leaving them, as they are now,
absolutely defenseless and without
appeal, the prey of unbridled power of
railroad pools and combinations, which
destroy all competition while they are I'M
regulated and unrestrained.
=
The Standard Oil enormity, through
which one company is by discrimination
and undue preference permitted to mon
opolize the entire oil trade of this coun-
try, bankrupting and destroying all who
dare to attempt competition, is familiar
to all.
1t was proved before the house COM
mittee on commerce by the confession of
leading railroad men that the charges
upon the transportation of dry goods
from the city of New York are 100 per
cent. greater than they should be on q
proper classification. l will not trouble
the senate to listen to reCitals of the
practices of railroad corporations under
the pooling system, because hours could
be consumed in that way and a 1.-THE
would not be told. | have named these
as specimens of hundreds which are oc-
curing every day. The pooling combina-
ton among the roads leaves no competi-
ton, and the power OF the pool becomes
absolute.
1t can and does discriminate between
persons and firms, building up some and
destroying others. 1t builds up some
cities, and destroys others. 1t terrorizes
merchants and shippers and traders, who
submit quietly to being pluudered, be-
cause it Is IN the power of the pool to de-
stroy their business, by advancing their
freight snd by giving reduced rates to
their competitors. They dare not seek